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Vehicular Assault Laws in North Carolina

How North Carolina law treats vehicular assault: what is illegal, whether it is a misdemeanor or felony, and the penalties, from the state code.

Short answer: Felony serious injury by vehicle (unintentionally causing serious injury to another person while driving impaired, where the impaired driving is the proximate cause) is a Class F felony. N.C. Gen. Stat. 20-141.4(a3), (a4); 20-141.3(c2)-(c3)

Vehicular assaultFelony serious injury by vehicle (unintentionally causing serious injury to another person while driving impaired, where the impaired driving is the proximate cause) is a Class F felony. Aggravated felony serious injury by vehicle (the same offense with a prior impaired-driving conviction within seven years) is a Class E felony. Racing that causes serious injury is a separate Class H felony, and Class G if it causes serious bodily injury or death.
Sentences: felonies (Classes A-I) are sentenced on the structured-sentencing chart by offense class and prior record level (G.S. 15A-1340.17); misdemeanors run up to 150 days (Class A1), 120 days (Class 1), 60 days (Class 2) or 20 days (Class 3) at the highest prior-conviction level, with fines up to $1,000 for Class 2 and in the court's discretion for Class 1 and A1 (G.S. 15A-1340.23).

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FAQ

What is vehicular assault in North Carolina?
Felony serious injury by vehicle (unintentionally causing serious injury to another person while driving impaired, where the impaired driving is the proximate cause) is a Class F felony. Aggravated felony serious injury by vehicle (the same offense with a prior impaired-driving conviction within seven years) is a Class E felony. Racing that causes serious injury is a separate Class H felony, and Class G if it causes serious bodily injury or death.
Can I get a court-appointed lawyer for vehicular assault in North Carolina?
North Carolina's rule on court-appointed lawyers: An indigent person is entitled to appointed counsel in any case in which imprisonment, or a fine of five hundred dollars ($500.00), or more, is likely to be adjudged (§ 7A-451(a)(1)). The court — including the clerk of superior court — determines indigency, and counsel is appointed in accordance with rules adopted by the Office of Indigent Defense Services (§ 7A-452). In each trial-level criminal case where counsel is appointed, the judge orders an appointment fee of seventy-five dollars ($75.00), but no fee is due unless the person is convicted; the fee may not be remitted or revoked by the court, and inability, failure, or refusal to pay it shall not be grounds for denying appointment of counsel, withdrawal of counsel, or contempt (§ 7A-455.1). N.C. Gen. Stat. §§ 7A-451, 7A-452, 7A-455.1
How much does a lawyer for vehicular assault cost in North Carolina?
Lawyers set their own fees, and North Carolina has rules on how they may charge. See hiring a criminal defense lawyer in North Carolina for fee rules, how to check a lawyer's license and free help.
What happens after an arrest for vehicular assault in North Carolina?
How release before trial works in North Carolina: A judicial official (judge, clerk or magistrate) sets conditions of pretrial release, imposing at least one of: an unsecured appearance bond; custody of a designated person or organization agreeing to supervise the defendant; a secured appearance bond; or house arrest with electronic monitoring (which requires a secured bond). Release on a written promise to appear was repealed by Session Laws 2025-93. For defendants not charged with a violent offense, the official must impose an unsecured bond or custody release unless that will not reasonably assure appearance, will pose a danger of injury to any person, or is likely to result in destruction of evidence, subornation of perjury or intimidation of witnesses — in which case a secured bond or house arrest is imposed and the reasons recorded in writing. A defendant with three or more qualifying convictions in the previous 10 years must receive a secured bond or house arrest. For violent offenses there is a rebuttable presumption that no condition will reasonably assure appearance and safety. The official must review the criminal history and consider the nature and circumstances of the offense, the weight of the evidence, and the defendant's family ties, employment, financial resources, character, housing situation and mental condition, among other factors. Written reasons follow policies issued by the senior resident superior court judge (G.S. 15A-535(a)). N.C. Gen. Stat. § 15A-534 What happens after an arrest.
Can a conviction for vehicular assault be removed from my record in North Carolina?
Each state sets its own rules for sealing or expunging records. See North Carolina expungement and record sealing rules.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.